S T A T E O F N E W Y O R K
________________________________________________________________________
7037
2009-2010 Regular Sessions
I N A S S E M B L Y
March 18, 2009
___________
Introduced by M. of A. ORTIZ, PERRY, JAFFEE, PHEFFER -- Multi-Sponsored
by -- M. of A. BOYLAND, GOTTFRIED, KOON, J. RIVERA -- read once and
referred to the Committee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law and the social services law, in
relation to site selection of community residential facilities for the
treatment of chemical dependency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs 1 and 2 of subdivision (a) of section 41.34 of
the mental hygiene law, subdivision 1 as amended by chapter 1025 of the
laws of 1981 and subdivision 2 as amended by chapter 1024 of the laws of
1981, are amended to read as follows:
(1) "Community residential facility for [the] PERSONS WHO ARE disa-
bled" means a supportive living facility with four to fourteen residents
or a supervised living facility subject to licensure by the office of
mental health or the office of mental retardation and developmental
disabilities OR THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
which provides a residence for up to fourteen [mentally disabled]
persons WHO ARE MENTALLY DISABLED, including residential treatment
facilities for children and youth.
(2) "Sponsoring agency" means an agency or unit of government, a
voluntary agency or any other person or organization which intends to
establish or operate a community residential facility for [the] PERSONS
WHO ARE disabled.
S 2. Subdivision (b) of section 41.34 of the mental hygiene law, as
amended by chapter 1024 of the laws of 1981, is amended to read as
follows:
(b) If a sponsoring agency intends to establish a residential facility
for [the] PERSONS WHO ARE disabled within a municipality but does not
have a specific site selected, it may notify the chief executive officer
of the municipality in writing of its intentions and include in such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10350-01-9
A. 7037 2
notice a description of the nature, size and community support require-
ments of the program. Provided, however, nothing in this subdivision
shall preclude the proposed establishment of a site pursuant to subdivi-
sion (c) of this section.
S 3. Subparagraph (C) of paragraph 1 of subdivision (c) of section
41.34 of the mental hygiene law, as amended by chapter 823 of the laws
of 1992, is amended to read as follows:
(C) object to the establishment of a facility of the kind described by
the sponsoring agency because to do so would result in such a concen-
tration of community residential facilities for [the] PERSONS WHO ARE
mentally disabled in the municipality or in the area in proximity to the
site selected or a combination of such facilities with other community
residences or similar facilities licensed by other agencies of state
government, including all community residences, intermediate care facil-
ities, residential care facilities for adults and residential treatment
facilities for individuals with mental illness or developmental disabil-
ities operated pursuant to article sixteen [or], article thirty-one OR
ARTICLE THIRTY-TWO of this chapter and all similar residential facili-
ties of fourteen or less residents operated or licensed by another state
agency, that the nature and character of the areas within the munici-
pality would be substantially altered.
S 4. Paragraph 4 of subdivision (c) of section 41.34 of the mental
hygiene law, as amended by chapter 1024 of the laws of 1981, is amended
to read as follows:
(4) If the site or sites suggested by the municipality are satisfac-
tory with regard to the nature, size and community support requirements
of the program of the proposed facility and the area in which such site
or sites are located does not already include an excessive number of
community residential facilities for [the] PERSONS WHO ARE mentally
disabled or similar facilities licensed by other state agencies, the
sponsoring agency shall seek to establish its facility at one of the
sites designated by the municipality.
If the municipality suggests a site or sites which are not satisfac-
tory to the sponsoring agency, the agency shall so notify the munici-
pality which shall have fifteen days to suggest an alternative site or
sites for the proposed community residential facility.
S 5. Paragraph 5 of subdivision (c) of section 41.34 of the mental
hygiene law, as amended by chapter 1024 of the laws of 1981, is amended
to read as follows:
(5) In the event the municipality objects to establishment of a facil-
ity in the municipality because to do so would result in such a concen-
tration of community residential facilities for [the] PERSONS WHO ARE
mentally disabled or combination of such facilities and other facilities
licensed by other state agencies that the nature and character of areas
within the municipality would be substantially altered; or the sponsor-
ing agency objects to the establishment of a facility in the area or
areas suggested by the municipality; or in the event that the munici-
pality and sponsoring agency cannot agree upon a site, either the spon-
soring agency or the municipality may request an immediate hearing
before the commissioner to resolve the issue. The commissioner shall
personally or by a hearing officer conduct such a hearing within fifteen
days of such a request.
In reviewing any such objections, the need for such facilities in the
municipality shall be considered as shall the existing concentration of
such facilities and other similar facilities licensed by other state
agencies in the municipality or in the area in proximity to the site
A. 7037 3
selected and any other facilities in the municipality or in the area in
proximity to the site selected providing residential services to a
significant number of persons who have formerly received in-patient
mental health services in facilities of the office of mental health or
the office of mental retardation and developmental disabilities OR THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES. The commissioner
shall sustain the objection if he determines that the nature and charac-
ter of the area in which the facility is to be based would be substan-
tially altered as a result of establishment of the facility. The commis-
sioner shall make a determination within thirty days of the hearing.
S 6. Paragraph 2 of subdivision (e) of section 41.34 of the mental
hygiene law, as added by chapter 823 of the laws of 1992, is amended to
read as follows:
(2) The office of mental health [and], the office of mental retarda-
tion and developmental disabilities OR THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES shall not issue an operating certificate for
the operation of a supportive living facility or a supervised living
facility of more than fourteen residents if the agency or unit of
government, voluntary agency or any other person or organization which
intends to establish or operate such a facility does not notify the
chief executive officer of the municipality in which that facility is to
be established in writing of the intention to establish such facility
and include in such notice the specific address of the site, the type of
residence, the number of residents and the community support require-
ments of the program; provided, however, that nothing contained in this
paragraph shall either be construed to require facilities of more than
fourteen beds to meet any other requirement of this section, or to deem
such facilities family units for the purposes of local laws and ordi-
nances.
S 7. Subdivision 1 of section 463 of the social services law, as
amended by chapter 465 of the laws of 1992, is amended to read as
follows:
1. "Community residential facility" means any facility operated or
subject to licensure by the state which provides a supervised residence
for PERSONS WHO ARE mentally, emotionally, physically, or socially disa-
bled [persons] or for persons in need of supervision or juvenile delin-
quents. This term includes, but is not limited to, community residences
for [the] PERSONS WHO ARE mentally disabled operated or licensed by the
offices of mental health or mental retardation and developmental disa-
bilities or by [the divisions of] the office of alcoholism and substance
abuse SERVICES, agency operated boarding homes, group homes or private
proprietary homes for adults operated or licensed by the department of
[social services] FAMILY ASSISTANCE, group homes operated by, contracted
for or licensed by the [division for youth] OFFICE OF CHILDREN AND FAMI-
LY SERVICES and half-way houses operated or licensed by the [division of
substance abuse services] OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES.
S 8. This act shall take effect immediately; provided, however, the
provisions of this act shall apply to applications for operating certif-
icates initiated on or after the effective date of this act.